SOMARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was the claimant in LAR No. 27/2008 on the file of Sub Court, Mavelikkara. According to the petitioner, by a bonafide mistake of the clerk attached to the Office of his Advocate, Vakalath on his behalf was filed in the proceedings in LAR No. 24/2008 before the same Court. As a result of this, when LAR No. 27/2008 was considered, there was no representation on his behalf and the reference was accordingly closed.

(2.) Subsequently, pointing out the mistake committed by the counsel, I.A. No. 273/2008 was filed seeking reopening of the proceedings. That application was rejected by Ext.P1 order on the ground that the affidavit filed in support of the petition was defective. Again I.A. No. 1868/2008 was filed praying for re-opening the proceedings in LAR No. 27/2008, a copy of which is Ext.P2. This I.A. was considered and Ext.P3 order was passed by the Sub Court, Mavelikkara holding that the proceedings in LAR No. 24/2007 was examined and that the Vakalath allegedly filed was not seen in the file. According to the petitioner, Ext.P3 order was passed referring to the proceedings in LAR No. 24/2007 and not the proceedings in LAR No. 24/2008, in which the vakalath was wrongly filed by the counsel. It is stated that for that reason, Ext.P3 order is illegal and has to be set aside.

(3.) However, the learned Government Pleader submits that he has been instructed that the number of LAR shown in the impugned order, viz., LAR 24/2008, is only a typographical error and that the order is otherwise perfectly correct.